Johnson v. Preleski

Summary

Justice McDonald, joined by Justices Mullins and Kahn, dissented from the majority's conclusion that fax transmission to a marshal's office satisfied the statutory personal-delivery requirement. The dissent would require actual receipt and possession of the legal process by the marshal before the statute of limitations expired, reasoning that the statutory text, related service statutes, legislative history, and evidentiary record all compelled that result. The dissent would have affirmed the Appellate Court's dismissal.